Simply put, once found, the main process is: fine, confiscation of fake and shoddy goods. If the circumstances are serious, they will also bear corresponding legal responsibilities. For example, a trademark infringement case occurred in Bengbu, Anhui Province last year (20 15 07, 19), because the supervisor found that 75 valves with registered trademarks of "Shanghai Lianggong Valve Factory Co., Ltd." and "Gong" were installed on a project site, and were later identified as infringing products. Subsequently, the staff ordered the parties to immediately stop the infringement and confiscated the infringing workers who had not yet installed them.
In detail, there are many cases, and the penalties are different in different situations.
According to the product quality law, the penalty amount should be more than 1 times and less than 3 times the value of the goods.
Regarding trademark infringement, Article 13 When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee. Article 14 The benefits obtained from infringement as stipulated in the first paragraph of Article 56 of the Trademark Law may be calculated according to the product of the sales volume of the infringing commodity and the unit profit of the commodity; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity.
Losses suffered due to infringement can be calculated according to the reduction of commodity sales caused by infringement or the product of the sales of infringing goods and the profit of registered trademark goods.
If it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed, the people's court may, at the request of the parties or ex officio, apply the provisions of the second paragraph of Article 56 of the Trademark Law to determine the amount of compensation.
When determining the amount of compensation, the people's court shall consider the nature, period and consequences of the infringement, the reputation of the trademark, the amount of trademark license fee, the type, time and scope of trademark license, and the reasonable expenses paid to stop the infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
If the parties reach an agreement on the amount of compensation in accordance with the provisions of the first paragraph of this article, it shall be allowed.
Article 17 The reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 56 of the Trademark Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement.
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